Legal Solution
The response provided below is specific to discrimination & civil rights law... in the jurisdiction of West Virginia. If the response is inadequate, please submit a detailed inquiry.
Complex Custodial Disputes in West Virginia
In the state of West Virginia, custody disputes can be intricate and emotionally charged. In this specific situation, there seems to be a complex interplay between familial relationships, allegations of misconduct, and potential bias in the legal system due to influential connections. The primary concern remains the wellbeing of the 9-month-old child, and ensuring the most suitable and safe environment for her growth.
Relevant West Virginia Statutes and Sources
- West Virginia Child Custody and Visitation Law - This law encompasses the guidelines and procedures related to the custody of minor children.
- West Virginia Code §48-9-206 - Factors to be considered when determining the best interests of the child.
- West Virginia Department of Health and Human Resources - Provides resources and information on child welfare in the state. Homepage
Potential Solutions
-
Seeking a New Attorney: It's crucial to have legal representation that prioritizes your interests. It might be beneficial to find the right lawyer who specializes in family law, especially child custody disputes, and is external to the local influences in question.
-
Document Everything: Maintain detailed records of every interaction, allegation, and instance which could support your claim. Evidence, such as witness statements or photographs, can significantly influence the court's decision.
-
Appeal Process: If you feel the previous hearing was unjust due to potential bias, you may consider filing an appeal. This process involves revisiting the court's decision with potentially new or overlooked evidence.
-
Alternate Dispute Resolution: Consider arbitration and mediation attorneys. Mediation could help parties come to a mutually agreeable solution without further court intervention.
Estimated Legal Costs in West Virginia
| Service |
Average Cost |
| Initial Consultation with a Family Lawyer |
$150 - $350 |
| Mediation Session |
$200 - $500/hr |
| Child Custody Hearing Representation |
$2,500 - $6,500 |
| Appeal Process |
$3,000 - $9,000 |
| Research and Documentation |
$100 - $300/hr |
Note: These are average estimates based on typical legal fees in West Virginia. Actual costs can vary based on the complexity of the case, the reputation of the attorney, and additional factors.
Further Clarification
While the details provided give a comprehensive view of the situation, it would be beneficial to understand the specifics of the previous hearings, any documentation available, and potential witnesses. Reaching out to a dedicated legal professional will provide the best route forward.
Relevant Questions for You
-
Were any formal evaluations conducted on the homes of all parties involved? Understanding the evaluations can provide insights into the decision-making process.
-
Do you possess any documented evidence to support the allegations made against the nonpaternal aunt and uncle? This can strengthen your case.
-
Have you considered or previously tried mediation as a solution? This can help gauge the potential for an amicable resolution.
Frequently Asked Questions
How is the best interest of a child determined in West Virginia?
In West Virginia, courts prioritize the child's wellbeing, considering factors like the child's relationship with both parents, the parents' health and stability, and any history of abuse or neglect.
Can I appeal a child custody decision?
Yes, if you believe the decision was unjust or there was an error in the initial hearing, you have the right to appeal. However, it's crucial to present substantial evidence to warrant a change in the decision.
What role does Child Protective Services (CPS) play?
CPS investigates reports of child abuse and neglect. They play an integral role in ensuring the child's safety and can provide recommendations to the court.
Can allegations of drug use influence a custody decision?
Absolutely. The court will prioritize the child's safety. If there's evidence of drug use or any behavior that may jeopardize the child's wellbeing, it can influence custody decisions.
Are there any free legal resources in West Virginia?
There are several legal aid organizations that offer assistance based on income. Additionally, you can ask a free legal question online to get some preliminary advice.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.
Written, answered, changed
Legal question "This is an abuse and neglect case in a town that the justice system is in favor of only what the grandfather wants " has been changed
1 year 8 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of
West Virginia & area of law:
discrimination & civil rights law....
When I hired the attorney that cost me my guardianship hearing, I asked him if he was willing to fight for my granddaughter because of who I was up against, meaning the grandfather and his pull in that town. His exact words were, he dosent have that much power and yes I will fight for your granddaughter. Then 20 minutes before we were to walk into my guardianship hearing he said we will get her back if he represented my son instead of me and get it moved to civil court. Well I wasn't aware of what he did to me until I got the papers out that came from his office a while back and was looking at everything a month later, then it hit me. , I've never been involved with cps nor do I know anyone that ever was, so I was in the dark, but I have a copy of my phone bill, I called cps repeatedly and they wouldn't take my calls and they wouldn't return my calls. Every lawyer I called in that town wouldn't represent me because I was constantly told it was conflict of interest. Cps was called on the aunt and uncle 4 or 5 times because they live in filth and didn't care for their own 3 kids. Is it even legal for them to have my granddaughter? My son told me he was at their home once when they came. He said their kids always had head lice and they weren't kept clean and because the grandfather wants them to get the income from my grandchild he is making sure I have no chance of getting her, and knowing they are doing it for the money makes me sick. I love that little girl with all my heart, I promised her the first time i held her that I would always protect her and I'm just at my wits end. There was an MDT hearing this past Friday, I feel like I've been duped again some how. The attorney I finally did get in that town isn't working for me either, and I've come to find out why. The grandfather told me there is an attorney that he used for our son, and continued to tell me how brilliant he is, I kept asking him his name. It turns out he is the father to the attorney that I have now. The grandfather was basically rubbing it in my face that I'm not getting my granddaughter. In the MDT hearing the aunt and I were both present but every question was directed at me about my past. Not one person present asked the aunt one thing and my attorney just sat there and said nothing. This was the only second time I've been involved because it took me forever to get an attorney and get in the door. The only hearing I've been to, the judge ordered cps to do a home study at my house and when she finally called me she said she didn't realize I lived out of state and thats a whole different situation and thats where the MDT meeting came up. That's a load of shit, she knew exactly where I lived and I called my attorney and said just that. The court order was on February 18th. They are just running the days up so they can say my granddaughter has been in this home all this time and she shouldn't be moved. Now I'm told they can't file for home study till they get a copy of her birth certificate. Wonder how long that will get farmed out? These people have no rights to my granddaughter, they all knew that if the parents used drugs again that I was taking her, ive made that clear,and when I confronted them they said I should have been there. When this happened the mother called me and said they took her, I was in Winchester Virginia working and I rode with a coworker so I didn't have a way to leave, so when they called i couldn't go anywhere.I have texts to prove that the things I'm saying are true. The first attorney I hired, which I also have that text, even stated in his text that its best I get my own attorney since there is so much resistance to me. Those are his exact words. The next hearing is on the 7th of April to terminate the parental rights which is breaking my heart. My son is in jail and I don't know where the mother is but she is still using drugs im told. Both my son and his girlfriend told cps at the only hearing they went to that they want there daughter with me, and that was ignored. They called cps the next day and told them they want a home study done at my house and that was ignored. I have the grandfather on tape telling me I am not getting my granddaughter. How can he be so sure when the case is still ongoing unless he is controlling everything? I'm all ears if someone can help me and do whats right for my only grandchild. I lose sleep over worrying about her living in filth and not being with me, where she would be loved and cared for 100%. How do I get her out of this situation when they are all against me getting her, and doing what the grandfather wants.